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(영문) 춘천지방법원강릉지원 2019.10.15 2018나32132
소유권말소등기
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. C around November 25, 1995, purchased real estate listed in Section 2 of [Attachment List (hereinafter “instant land”) and completed the registration of ownership transfer, and thereafter commenced construction work on December 2, 1997 after obtaining building permission on November 25, 1995 to construct a building on the said ground.

Then, on September 7, 199, D was awarded a successful bid at the auction procedure applied by the mortgagee of the instant land, and on September 8, 1999, the name of the building permit was changed from C to D from C to the security of the Defendant’s loan claim amounting to KRW 300 million against C.

B. E purchased the instant land from D on May 26, 200, and completed the registration of ownership transfer on May 29, 200, and the name of building permit was changed to E.

On August 1, 200, E created a right to collateral security of KRW 550 million with respect to the instant land, and on August 23, 2000, E changed the name of the building permit to the Defendant and E.

C. On November 4, 2005, E drafted a certificate of claim confirmation stating that “The obligation of KRW 300 million and KRW 2320 million additionally borrowed on 11 occasions from July 26, 2000 to November 4, 2005 shall be confirmed, and KRW 300 million shall not accrue among the above bonds, and an interest shall be paid at 300 million shall be paid at 3.5% interest per month from the date of borrowing to the date of full payment” (hereinafter “certificate of claim confirmation”).

After the real estate listed in attached Table No. 1 (hereinafter “instant building”) was constructed on the instant land, on February 4, 2005, E and the Defendant shared one-half each of them on the instant land, and the registration of ownership preservation (hereinafter “registration of ownership preservation”) was completed on February 4, 2005.

E. On October 27, 2005, the procedure for compulsory auction was commenced for one-half of the instant land and one-half of the instant building in the name E among the instant land and the instant building, which was purchased by the Plaintiff on November 28, 2007.

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